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Patna High CourtCR. MISC./68394/2025allowed

Vishnu Sahani @ Vishnudeo Sahani @ Vishun Sahani v. The State Of Bihar

2025-10-13Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68394 of 2025 Arising Out of PS. Case No.-110 Year-2025 Thana- BOKHRA District- Sitamarhi ====================================================== Vishnu Sahani @ Vishnudeo Sahani @ Vishun Sahani S/o- Late Rajendra Sahani Resident of Village- Mahisautha, Sahni Tola, Ward No. 14, P.S.- Bokhra, Dist- Sitamarhi ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Jha, Advocate For the Opposite Party/s :

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 13-10-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in a case registered under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per prosecution case, there is recovery of 21 litres country made liquor alongwith 200 litres mahua ghol from a hutment behind the house of petitioner and his brother coaccused Hardev Sahani.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. He further submits that the alleged recovery has been made from a hutment which is open place accessible to anyone. No incriminating article has been recovered from conscious

Patna High Court CR. MISC. No.68394 of 2025(2) dt.13-10-2025 2/2 possession of the petitioner. He further submits that the petitioner has no concern with the seized illicit liquor. Learned counsel submits that the seizure list has not been prepared in accordance with mandatory provisions of law. Petitioner has got clean antecedent and he undertakes to cooperate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the concerned Court within six weeks from today, the petitioner be released on bail upon furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned, Sitamarhi in connection with Bokhra P.S. Case No.110 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

(Sunil Dutta Mishra, J) Harish/- U T